Bergenfield, NJ Environmental Rules: Erosion Control (2026)
Key Facts
- Governing section
- § 268-3A(1), Chapter 268
- Erosion standard source
- N.J.S.A. 4:24-39 et seq., N.J.A.C. 2:90
- Applies to
- Major development, non/residential per § 268-1C
- Adopted
- 12-3-2024 by Ord. No. 24-2634
- General penalty cap
- $500 or 90 days jail (Ch. 1, Art. II)
Summary
Bergenfield's stormwater ordinance requires erosion control for every major development project to meet the state Soil and Sediment Control Act standards, layered on top of green infrastructure requirements for recharge and runoff quality.
§ 268-3. Design and performance standards for stormwater management measures. A. Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows: (1) The minimum standards for erosion control are those established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.
Full Breakdown
Chapter 268, Stormwater Management, was adopted by the Mayor and Council on December 3, 2024 by Ordinance No. 24-2634, superseding an earlier July 2024 version. Section 268-3A sets the design and performance standards for any 'major development' in the Borough, meaning it must be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment. A. C. 2:90. That means any major development applicant in Bergenfield, nonresidential projects and the non-preempted parts of residential ones under Section 268-1C, must secure or demonstrate compliance with a state-certified soil erosion and sediment control plan before Borough approval.
Section 268-3B limits the erosion and stormwater standards to new major development going forward and clarifies they do not override an alternative design standard already approved under a regional stormwater or water quality management plan. Groundwater recharge and runoff quality, addressed in the same subsection, must separately incorporate green infrastructure. Section 268-5 sets out the calculation methods a design engineer must use to demonstrate compliance with these thresholds.
Violations & Fines
Chapter 268 is enforced as part of Borough site plan and development review; a project that fails to meet the incorporated Soil and Sediment Control Act erosion standards, or the chapter's groundwater recharge and runoff standards, cannot receive final approval, and noncompliant construction is subject to the Borough's general penalty under Chapter 1, Article II, a fine of up to $500 or up to 90 days in jail.
Frequently Asked Questions
Does Bergenfield have its own erosion control numbers?
What triggers the erosion control requirement in Bergenfield?
Which older projects are exempt from the 2024 stormwater standards?
Sources & Official References
Other rules in Bergenfield
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